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Oppression versus derivative actions: courts' wide discretion maintained


Section 346 of the Companies Act 2016 provides the courts with broad powers to grant remedies as they deem necessary to bring an end to the complaints raised in an oppression action. In
Lee Kai Wuen v Lee Yee Wuen,(1) the Federal Court refused leave to appeal the Court of Appeal s decision which had found that the courts powers in an oppression action are broad and unfettered. This includes the power to order restitution to a company, a remedy traditionally seen as belonging to companies.
Facts
The subject company had two shareholders. The plaintiff (the majority shareholder) filed an oppression action against the other shareholder and a third party (the oppressors), anchored on, among other things, an allegation of misappropriation of company funds. According to the plaintiff, upon the hospitalisation and eventual death of the previous majority shareholder, the oppressors had conspired to have the creditors pay them monies which were supposed to be paid to the compa ....

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Global finance centre reboot on the cards


Global finance centre reboot on the cards
11:44 | 20/01/2021
Nguyen Chi Dung - Minister of Planning and Investment
Four decades ago, the GDP of the tiny archipelago of the Cayman Islands in the Caribbean was near zero, but after establishment of an offshore IFC, daily cash flow through the Caymans has amounted to $2 trillion.
As a British overseas territory, it now attracts around 80 per cent of global hedge funds, even if the actual hedge fund managers work almost exclusively in New York or London. The islands also inherited a professional legal system as per English common law, which was attractive to multinational corporations and investors. ....

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